Remdesivir: What does the law say on BJP's distribution of injections in Gujarat

Posted on 13th Apr 2021 by rohit kumar

In Surat city of Gujarat, BJP is distributing Remdesivir injection useful in the treatment of Corona infection. Last week on Friday, Gujarat BJP President CR Patil said that the BJP will distribute five thousand injections of Remdesivir in Surat.

 

The Gujarat BJP president made this announcement at a time when on the one hand there has been a ruckus in Gujarat over the lack of Remdesivir injection, on the other hand, the Gujarat High Court has also reprimanded the state government on this issue.

 

In such a situation, many questions have arisen on the distribution of the drug corona infection to the people free from the BJP. The biggest question is, where did these injections come to the BJP? BJP is also facing allegations of drug hoarding for arranging five thousand injections simultaneously.

 

However, the Bharatiya Janata Party says that these injections are being distributed to serve the people and the party workers have arranged this with their resources. The party also says that if needed, the BJP will distribute this injection again in the coming days.

 

Apart from this, the question is also being raised that how can the BJP do the work of drug distribution even if the BJP does not have a permit to distribute the medicine.

 

Opposition response

Gujarat Congress spokesman Jayaraj Singh Parmar said, "Is Kamalam (BJP headquarters) a pharmaceutical company?"

 

Gujarat Congress chief Amit Chavda wrote on Twitter that "BJP is hoarding Remdesivir injection and this is a violation of Section 18 of the Drug and Cosmetic Law, 1940, from a political party."

 

He said that we have taken up the matter with the FDCA and said that "action should be taken against the supplier and seller as per Section 27 of the Food and Drug Law".

 

Amit Chavda also raised the question that does this law applies only to small traders? Will the FDCA inspectors raid the place and take action on the illegal purchase, storage, and distribution of life-saving drugs?

 

Amit Chavda raised the question that if this patient had any adverse effect on a patient, then who would take the responsibility? Who will decide that this is the right brand drug and it has not been tampered with?

 

BJP distributed injections to serve the people: BJP

Speaking to BBC Gujarati, Gujarat BJP spokesperson Yamal Vyas said that BJP always works for the service of the people and our workers' work. The members of the party who are distributing the Remdesivir in Surat, who are spending their own money, are getting injections and distributing them to the people.

 

He said, "It is not that the BJP is distributing 5000 injections out of the injections that the state government has ordered. All the injections have been ordered from outside India. This is an emergency and to help the people, the BJP Has taken the step. "

 

"People are being injected after seeing doctors' certificates, RT-PCR tests, and other papers and protocols are not being violated. Not for this injection stock but for free distribution to people. When that happens, the law cannot be done keeping in mind. "

 

He said that if needed, BJP will distribute this injection again in the coming days.

 

What does the law say?

The license of the drugstore in Gujarat is given by the Department of Food and Drugs working under the Ministry of Health and Family Welfare. According to the information given by the Department of Food and Drugs, one has to take a license under the Drugs and Cosmetics Act, 1940 to sell drugs.

 

On the website of the Department of Food and Drugs, several conditions have also been given for the licensing of drugs. Certain qualifications have been set for the license to be given for selling drugs.

 

It states that a person applying for a license must be a registered pharmacist or a person desirous of obtaining a license must have passed matriculation and have four years of experience in the field of drugs or the person has obtained a recognized university degree Should have years of experience in drug functioning.

 

Talking about the eligibility conditions, Medical expert Chinu Srinivas told BBC Gujarati that "if someone wants to do a retail sale of a drug, they must have a pharmacist's license. Whereas for wholesale sales get a license under second and third eligibility Can. "

 

Apart from this, there are other provisions in which there has also been talking of having an eligible place for sale. The shop should have ten square meters of space for wholesale and retail sales. Apart from this, 15 square meters of space is required for wholesale and retail shops.

 

Legal experts opinion

Anand Yagnik, a lawyer for the Gujarat High Court, says, "The way the BJP is distributing the drugs is a direct violation of the law of food and drugs. Apart from this, the government has filed cases against the people who used to do so under the Pandemic Act. So the government should file a case against them as well. "

 

"Right now the vaccine or some other pharmaceutical companies cannot sell directly in the market due to the corona epidemic, most of the stock is given to the government," he said.

 

"In such a situation, where did such a large stock of medicines come from to save a person? The government has taken action against people who sell Remdesivir illegally earlier. Even now the government has to take action against those responsible for BJP Should do. "

 

Advocate Anand Yagnik calls it the end of constitutional ethics and says, "CR Patil is behaving as if he was a government himself, what a difference between a chief minister and a state head of a party, he has forgotten."

 

"If there is a bullet train issue, then I say that the people of my area will get more compensation, the responsibility of fixing compensation is the legal responsibility of the collector. Here too, the government should arrange for the injection which should be done. Patil Working outside the scope of the law. "

 

Shamshad Khan Pathan, a lawyer for the Gujarat High Court, says: "Under the Drugs and Cosmetics Act, selling drugs without a license carries a penalty of three years or a fine of five thousand or both."

 

He says, "Medicines cannot be distributed without prescription, so how can ordinary people distribute this medicine. The government has taken action against many people who were distributing Remdesivir earlier. Even with one to two injections, people were caught Gone. If CR Patil were a normal person and there were no party leaders, wouldn't he have been arrested? "